Changes to ccw disqualifier?

[Mweaver34]

Hi I have looked every where and can't seem to find a definitive answer. I took my ccw class in 2013 and never applied because of a minor misdemeanor marijuana charge 15 years ago. With my training about to expire this year I decided to see about getting it sealed. I then heard that the drug charge was no longer a disability. Even some recent posts on this forum the people say you can't. However upon printing out the new application, there is a clause added in that's not in my application from 2013. It states "FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY PURSUANT TO ORC 2923.14, OR A CONVICTION FOR A MINOR MISDEMEANOR LEVEL OFFENSE". The new application can be viewed and printed here http://www.ohioattorneygeneral.gov/File ... -%28P.aspx Now with that being said....I can get my ccw and answer no without getting it sealed...correct?

[Stryker74]

To be certain, you should understand exactly what your charge was exactly.

Before you apply, I would suggest that you get a copy of the conviction records from the county clerks office where you were convicted. Those records should tell you the portion of Ohio Revised Code you were convicted of, and what class the conviction was considered. That will at least give you more information to work with to be sure, and should be free (or close to it - maybe a few dollars for copying fees).

If still in doubt, then ask an attorney. Because if you apply and get denied because it was not a minor misdemeanor - you cannot apply for at least one year from the previous denial.

[Mweaver34]

Thank you for responding. I did indeed get that info. It was a possession and paraphernalia minor misdemeanor in 2001. Do you know when this was added in to the application? What I don't understand is no where on the Ohio ccw laws can I find this change. The only place I see it is the actual application. I'm just trying to verify before I waste my time and money on an attorney.

[Chuck]

I thought paraphernalia was an M4 ?

[cashman966]

Thank you for responding. I did indeed get that info. It was a possession and paraphernalia minor misdemeanor in 2001. Do you know when this was added in to the application? What I don't understand is no where on the Ohio ccw laws can I find this change. The only place I see it is the actual application. I'm just trying to verify before I waste my time and money on an attorney.

You will find it in 2923.125(D)(1) and (5)

(

D)(1)(e)Except as otherwise provided in division (D)(4) or (5) of this section, the applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, regardless of whether the applicant was sentenced under division (C)(4) of that section; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any other offense that is not previously described in this division that is a misdemeanor punishable by imprisonment for a term exceeding one year.



(D)(5) If an applicant has been convicted of or pleaded guilty to a minor misdemeanor offense or has been adjudicated a delinquent child for committing an act or violation that is a minor misdemeanor offense, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.

[Stryker74]

Thank you for responding. I did indeed get that info. It was a possession and paraphernalia minor misdemeanor in 2001. Do you know when this was added in to the application? What I don't understand is no where on the Ohio ccw laws can I find this change. The only place I see it is the actual application. I'm just trying to verify before I waste my time and money on an attorney.

Ohio Revised Code 2923.125 deals with the application process:

(D)(1)(e) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse;...

(D)(4)

If an applicant has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of this section or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 2953.36, or section 2953.37 of the Revised Code or the applicant has been relieved under operation of law or legal process from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary emergency basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.

(D)(5) If an applicant has been convicted of or pleaded guilty to a minor misdemeanor offense or has been adjudicated a delinquent child for committing an act or violation that is a minor misdemeanor offense, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.

That is the legal portion referencing the convictions around drugs and how they are considered for the license application.

I am not a lawyer, and am not providing legal advice - but that seems to read to me as drug convictions need to be sealed.

Again - it may well be worth spending a little money on an attorney to be certain. Some will even give you a 30 minute free consultation.

[Mweaver34]

Well I guess I'll just call my lawyer. I have retainer left over from a different (family) case. Hopefully he knows enough. Guess if it's cheap enough I'll just have him seal it. Thanks for the answers guys.

[Chuck]

No need.
Get a copy of your case record that shows the ORC number / section you were convicted of and see if they are in the list above

Easy peasy,,,,

[BobK]

Cashman already gave the correct answer. A minor misdemeanor does not count. If your conviction was under RC 2925.141 or equivalent, then it is a minor misdemeanor.

[Mweaver34]

Well I handed in my app. Im still nervous about it, and was wondering...worse case I get denied. If that did happen and they have justifiable reason, do I then have to wait a year? Or does that only apply if I appeal the denial? Say I'm denied because of the drug charge. Can I get my lawyer to seal, not appeal then reapply after the sealing? Or it it a year no matter what you do after a denial. Thanks for your guys answers. It helps ease my mind.

[Mweaver34]

Figured I'd update that I did indeed get my license approved. Thanks for the help.

[MyWifeSaidYes]

Figured I'd update that I did indeed get my license approved. Thanks for the help.

Congrats!!

[Defiance92]

Did you answer yes or no for the question stating. FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS
ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY
PURSUANT TO ORC 2923.14, OR A CONVICTION FOR A MINOR MISDEMEANOR LEVEL OFFENSE.